State Bank v. Citizens' National Bank
Missouri Court of Appeals
Appeal from Gentry Circuit Court. — Eon. Wm. G. Ellison, Judge. (1) The draft sued upon, with the evidence showing that the same had been presented for payment and payment refused, should have been admitted.
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Appeal from Gentry Circuit Court. — Eon. Wm. G. Ellison, Judge. (1) The draft sued upon, with the evidence showing that the same had been presented for payment and payment refused, should have been admitted. R. S. 1899, sec. 445; Brinkman v. Hunter, 73 Mo. 172; Wallace v. McConnell, 13 Peters (U. S.) 136; Cox v. Bank, 100 U. S. (10 Otto) 704; Norton on Notes and Bills (3 Ed.), pp. 144-145; Clark v. Skeen, 49 L. R. A. 190; Bullock v. Taylor, 39 Mich. 137; Hastings v. Thompson, 54 Minn. 184; 2 Daniel on Neg. Inst., sec. 1389; Fuller v. Green, 64 Wis. 159; Tutt v. Thornton, 57 Tex. 35; Morgan v.…
1Opinion of the CourtEllison, J.
The plaintiff’s petition seeks to charge defendant as having accepted a draft for $800, which plaintiff bought of the drawee. The trial court heard the evidence offered in plaintiff’s behalf and then sustained a demurrer to the evidence which counsel for defendant offered.
The petition is in three counts, all based on the same transaction, and, as what we shall say disposes of all three, we will not mention them separately. It appears that one Warren lived in or near Fox Lake in Wisconsin and one Vandeveer lived in King City, Missouri; that Vandeveer was in Wisconsin and purchased a horse of…
2Cases cited10 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- First National Bank v. GaySupreme Court of Missouri · 1876
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- First National Bank v. FrickeSupreme Court of Missouri · 1881
- Brinkman v. HunterSupreme Court of Missouri · 1880
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3Cited by4 opinions
- Brandon v. Kansas City Stock Yards Co.Missouri Court of Appeals · 1930
- First Nat. Bank of Tulsa v. Muskogee Pipe Line Co.Supreme Court of Oklahoma · 1914
- Texas State Bank of Fort Worth v. Press Pub. Co.Court of Appeals of Texas · 1923
- Buck v. HarrisMissouri Court of Appeals · 1907